1. Do I have to sign the labor contract in person?
The signing of a labor contract must be signed by the employee himself. The labor contract is reached through consultation between the employee and the employer in accordance with the Labor Contract Law, and takes effect after the employer and the employee sign or seal the text of the labor contract.
Labor Contract Law
Article 10 To establish labor relations, a written labor contract shall be concluded.
If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.
If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.
Article 16 A labor contract shall come into effect after the employer and the employee reach an agreement through consultation and sign or seal the text of the labor contract.
The text of the labor contract is held by the employer and the employee respectively.
Article 17 A labor contract shall have the following clauses:
(a) the name, domicile and legal representative or principal responsible person of the employing unit;
(2) The name and address of the laborer and the number of the resident identity card or other valid identity documents;
(3) The term of the labor contract;
(4) Work content and work place;
(five) working hours and rest and vacation;
(6) Labor remuneration;
(7) Social insurance;
(eight) labor protection, working conditions and occupational hazard protection;
(nine) other matters that should be included in the labor contract as stipulated by laws and regulations.
Second, how many years is the labor contract generally signed?
This problem is not clearly defined. Generally speaking, the term of a labor contract can be divided into three categories:
(1) There is a fixed term, that is, the term of validity is clearly stipulated in the contract, which can be long or short, from several years to even longer, from one year to several months.
(2)
There is no fixed term, that is, only the start date is agreed in the labor contract, and there is no specific end date. Conditions can be agreed according to law. As long as there are no agreed termination conditions or legal termination conditions in the performance, it is generally impossible to terminate or terminate, and the labor relationship can last until the employee retires.
Under any of the following circumstances, if the employee proposes or agrees to renew or conclude a labor contract, an open-ended labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract: the employee has worked in the employer for ten years continuously for the first time; Second, when the employer implements the labor contract system for the first time or the state-owned enterprise is restructured and re-concludes the labor contract, the employee has worked in the employer continuously for ten years, and is less than ten years away from the statutory retirement age; Third, conclude two consecutive fixed-term labor contracts.
(3) The completion period of a certain job, that is, the effective period is the completion of a certain job or project. Once the work or project is completed, the labor contract is terminated.
Formal labor contracts will clarify the personal information of employees and employers, as well as employees' wages, benefits, vacations, five insurances and one gold. Signing a labor contract shows that there is a legally guaranteed relationship between the employer and the employee, so the employee must sign it himself, and then the employer seals it, indicating that the contract is valid.